HomeMy WebLinkAbout50 22STATE OF WASHINGTON
COUNTY OF JEFFERSON
In the Matter of Adopting Open Public Meeting
Act Guidelines For Jefferson County Boards, RESOLUTION NO. 50-22
Commissions & Committees
WHEREAS, the Washington Legislature recently adopted changes to the Washington Open
Public Meetings Act (OPMA), Chapter 42.30 RCW; and,
WHEREAS, the significant changes to OPMA, Chapter 42.30 RCW involve mandatory
public comments before any decision can be made and the requirement of a physical location for
open public meetings, unless there is a declared emergency; and,
WHEREAS, the Board of County Commissioners directed Staff to create a set of draft
guidelines (Draft Guidelines) to ensure that all of Jefferson County Boards, Commissions and
Committees maintain compliance with OPMA; and,
WHEREAS, Staff prepared Draft Guidelines, the Board of County Commissioners received
public comments on the Draft Guidelines and conducted several workshops on the Guidelines,
resulting in positive changes to the Draft Guidelines; and,
NOW, THEREFORE, BE IT RESOLVED, by the Board of Jefferson County
Commissioners that:
1. The Open Public Meeting Act Guidelines For Jefferson County Boards, Commissions &
Committees attached as Appendix A is hereby adopted; and,
2. A schedule of training on the Open Public Meeting Act Guidelines For Jefferson County
Boards, Commissions & Committees for all members and employees who staff Jefferson
County Boards, Commissions and Committees shall be prepared and implemented by
Board staff, and,
3. The training required by this resolution is in addition to Open Public Meetings Act training
required by State or local law; and,
4. This Resolution shall be effective upon adoption.
(SIGNATURES FOLLOW ON THE NEXT PAGE)
Page 1 of 6
APPROVED AND ADOPTED this 2 day of OL �p bek 2422.
SEAL ;
r � ,
' t/1
e.4 Wt�C-W
Carolyn tallaway, CMC
Clerk of the Board
Approved as to form only:
October 25, 2022
Philip C. Hunsucker, Date
Chief Civil Deputy Prosecuting Attorney
JEFFERSON COUNTY
BOARD OF COMMISSIONERS
Heidi Eis4Aour,
fdfeg WKnon, Member
Kate Dean, Member
Page 2 of 6
APPENDIX A OPMA
GUIDELINES FOR
JEFFERSON
COUNTY BOARDS,
COMMISSIONS &
COMMITTEES
Adopted on
October 24, 2022
Resolution No.:
50-22
TABLE OF CONTENTS
OPMA GUIDELINES FOR JEFFERSON COUNTY BOARDS, COMMISSIONS &
COMMITTEES.....................................................................................................................
4
I. COMPLIANCE WITH THE OPEN PUBLIC MEETINGS ACT REQUIRED ......................4
A.
Purpose of these Guidelines.............................................................................................4
B.
Important Provisions of OPMA.......................................................................................4
C.
OPMA Controls Over these Guidelines............................................................................5
D.
Significant Liability from Violation of OPMA.................................................................5
E.
Ask the Prosecuting Attorney's Office Questions about OPMA Compliance...................5
IL JEFFERSON COUNTY BOARDS, COMMISSIONS AND COMMITTEES
THAT ARE
SUBJECT TO THE OPEN PUBLIC MEETINGS ACT........................................................5
III. NOTICE................................................................................................................................6
A.
Notice for Every Open Public Meeting Is Required..........................................................6
B.
Notice Requirements for a Remote Meeting Without a Physical Location ........................6
IV. PUBLIC COMMENT REQUIREMENT...............................................................................7
A.
Public Comment Is Required Before Malting a Decision..................................................7
B.
Public Comment May Be Oral or Written........................................................................7
C.
Written Public Comment Must be Distributed Prior to Making a Decision .......................7
D.
A Reasonable Deadline for Written Public comment May Be Set . ...................................
7
E.
Email Addresses and Links for Submission of Written Public Comment ..........................8
V. AGENDAS AND HEARING NOTICES...............................................................................8
A.
Format of Agendas..........................................................................................................8
B.
Packet for Meeting. The packet for the meeting should be made available electronically.
Materials to be discussed at the meeting should be made available on line at least 72 hours
beforethe meeting...........................................................................................................8
C.
24-Hour Advance Notice Requirement............................................................................8
D.
Content Requirements.....................................................................................................8
E.
Amending or Updating Agendas After Posting................................................................9
F.
Physical Location Requirement.......................................................................................9
G.
Requirement for a Cost Free Alternative for Participation Where Attendance
is Limited or
Prohibited........................................................................................................................
9
H.
Public Comment Requirement.......................................................................................10
VI. CONDUCT OF THE MEETING.........................................................................................10
A.
Chair.............................................................................................................................10
B.
Agenda Requirement.....................................................................................................10
C.
Quorum Requirement....................................................................................................10
D.
Procedure for Cancelling or Rescheduling a Meeting .....................................................
I I
E.
Call to Order..................................................................................................................11
F.
Recording Open Public Meetings...................................................................................11
1
G.
Required Public Comments...........................................................................................11
H.
Public Hearings.............................................................................................................11
I.
Order of Discussing Items Listed at Specific Times on the Agenda................................12
J.
Listing Recesses............................................................................................................12
K.
List Key Topics of Discussion and Items Where There Is a Potential for Decision .........
13
L.
Adjournment.................................................................................................................13
M.
Consider the Board or Committee's Own Processes.......................................................13
N.
Regular and Special Meetings........................................................................................13
VIL
REGULAR MEETING REQUIREMENTS (RCW 42.30.070).......................................13
A.
Notice............................................................................................................................13
B.
Posting of the Agenda....................................................................................................13
C.
Additional Business Items Allowed...............................................................................13
VIIL
SPECIAL MEETING REQUIREMENTS (RCW 42.30.080)..........................................14
A.
Special Meetings Are Meetings Not at the Published Date Time or Location on the Annual
Listof Regular Meetings...............................................................................................14
B.
Notice............................................................................................................................14
C.
Posting the Notice and the Agenda................................................................................14
D.
Additional Business Items Prohibited............................................................................14
IX. DETAILED MEETING INFORMATION...........................................................................15
A.
Call to Order..................................................................................................................15
B.
Public Comment Period.................................................................................................15
C.
Motions.........................................................................................................................15
D.
Executive Sessions........................................................................................................16
E.
Recess...........................................................................................................................18
F.
Adjournment.................................................................................................................18
X. CREATION OF WRITTEN MEETING MINUTES (RCW 42.30.035)...............................18
A.
Written Minutes Are Required.......................................................................................18
B.
Minimum Requirements for Minutes.............................................................................18
C.
Tips for the Clerk of the Meeting...................................................................................19
XI. LIMITS ON COMMUNICATIONS BETWEEN MEMBERS.............................................19
A.
Meetings of Other Organizations or Groups Where a Quorum of the Board, Commission
orCommittee is Present.................................................................................................19
B.
Written Communications Between Members.................................................................20
XII.
UNUSUAL SITUATIONS.............................................................................................20
A.
Emergencies..................................................................................................................20
B.
Field Trips or Tours.......................................................................................................20
C.
Meeting Agenda Not Within 24 Hours of the Start of the Meeting.................................21
D.
Disruptions....................................................................................................................21
XIII.
OPMA VIOLATIONS AND LIABILITY (RCW 42.30.120)..........................................21
2
A. Personal Liability...........................................................................................................21
B. Some Actions Taken Are Null and Void........................................................................21
C. County Liability for Attorney's Fees and Costs..............................................................21
XIV. FORMS..........................................................................................................................21
A. Agenda..........................................................................................................................21
B. Hearing Notice..............................................................................................................22
C. Agenda Request.............................................................................................................22
D. Executive Session Notice...............................................................................................22
E. Minutes.........................................................................................................................22
F. Notice of Adjournment..................................................................................................22
G. Hearing: In -Person Disruption.......................................................................................22
H. Hearing: On -Line Disruption.........................................................................................22
APPENDIX A — AGENDA FORM...........................................................................................23
APPENDIX B — HEARING NOTICE FORM...........................................................................26
APPENDIX C — AGENDA REQUEST FORM.........................................................................28
APPENDIX D — EXECUTIVE SESSION NOTICE FORM......................................................29
APPENDIX E — MINUTES FORM..........................................................................................30
APPENDIX F — NOTICE OF AJOURNMENT........................................................................33
APPENDIX G — SCRIPT FOR IN -PERSON DISRUPTIONS AT OPEN PUBLIC MEETINGS
34
APPENDIX H — SCRIPT FOR ON-LINE DISRUPTIONS AT OPEN PUBLIC MEETINGS ... 38
3
OPMA GUIDELINES FOR JEFFERSON COUNTY BOARDS,
COMMISSIONS & COMMITTEES
I. COMPLIANCE WITH THE OPEN PUBLIC MEETINGS ACT REQUIRED
A. Purpose of these Guidelines.
These guidelines are intended to assist Jefferson County Boards, Commissions and
Committees to maintain compliance with the Washington Open Public Meetings Act, Chapter
42.30 RCW (OPMA).
B. Important Provisions of OPMA.
1. The Will of the People Is Transparency. RCW 42.30.010 states:
The legislature finds and declares that all public commissions, boards, councils,
committees, subcommittees, departments, divisions, offices, and all other public
agencies of this state and subdivisions thereof exist to aid in the conduct of the
people's business. It is the intent of this chapter that their actions be taken openly
and that their deliberations be conducted openly.
The people of this state do not yield their sovereignty to the agencies which serve
them. The people, in delegating authority, do not give their public servants the right
to decide what is good for the people to know and what is not good for them to
know. The people insist on remaining informed and informing the people's servants
of their views so that they may retain control over the instruments they have created.
2. All Meetings of Public Agencies Must Be Open to the Public.
RCW 42.30.030 states, "All meetings of the governing body of a public agency shall be open
and public and all persons shall be permitted to attend any meeting of the governing body of a
public agency, except as otherwise provided in this chapter."
3. Every Ordinance, Resolution, Rule, Regulation, Order, or Directive of a Public Agency
Must Be Adopted in an Open Public Meeting —No Secret Ballots.
RCW 42.30.060(1) states, "No governing body of a public agency shall adopt any ordinance,
resolution, rule, regulation, order, or directive, except in a meeting open to the public and then
only at a meeting, the date of which is fixed by law or rule, or at a meeting of which notice has
been given according to the provisions of this chapter. Any action taken at meetings failing to
comply with the provisions of this subsection shall be null and void."
4. Public Comments.
RCW 42.30.230(1) requires that a "governing body of a public agency shall provide an
opportunity at or before every regular meeting at which final action is taken for public
comment." "Final action" is a defined term in OPMA, but for purposes clarity, unless
quoting OPMA, these Guidelines use the term decision.
5. OPMA Compliance In All Respects Is Mandatory.
It is the intention and requirement of Jefferson County that OPMA be followed by every Board,
Commission or Committee subject to OPMA. This is necessary for transparent government
which engenders the greatest public support.
C. OPMA Controls Over these Guidelines.
While these guidelines are intended to enhance compliance with OPMA in Jefferson County,
OPMA always controls if there is any inconsistency between these guidelines and OPMA.
D. Significant Liability from Violation of OPMA.
Failure to follow OPMA can have significant consequences, including personal liability for
Board and Committee members for violations and voiding any discussion or decision taken at
a meeting that violates OPMA. See Section XIII of these Guidelines for details.
E. Ask the Prosecuting Attorney's Office Questions about OPMA Compliance.
Questions about OPMA compliance should be brought to the attention of the Prosecuting
Attorney's Office.
II. JEFFERSON COUNTY BOARDS, COMMISSIONS AND COMMITTEES THAT
ARE SUBJECT TO THE OPEN PUBLIC MEETINGS ACT
Most, if not all, meetings of Jefferson County Boards, Commissions and Committees are
subject to OPMA. Any Board, Commission or Committee whose by-laws or other operating
procedures require compliance with OPMA, must comply with OPMA. In addition, any Board,
Commission or Committee that makes recommendation that must be considered by the Board
of County Commissioners or the Board of Health is subject to OPMA. The following is a non-
exclusive list of Jefferson County organizations subject to OPMA:
1. Behavioral Health Advisory Committee.
2. Board of County Commissioners.
3. Board of Health.
4. Budget Committee.
5. Canvassing Board.
6. Civil Service Commission.
7. Climate Action Committee.
8. Conservation Futures Citizen's Oversight Committee.
9. Developmental Disability Advisory Board.
5
10. Economic Development Council (EDC) Team Jefferson.
11. Elected Official/Department Director Quarterly Meeting.
12. Finance Committee.
13. Housing Fund Board.
14. Intergovernmental Collaborative Group.
15. Intergovernmental Coordination Committee.
16. Jefferson County/City of Port Townsend LEOFF I Retirement/Disability Board.
17. Lodging Tax Advisory Committee.
18. Marine Resources Committee.
19. Parks and Recreation Advisory Board
20. Planning Commission.
21. Public Infrastructure Fund Board.
22. Risk Management Committee.
23. Solid Waste Advisory Committee.
24. Tourism Coordinating Council.
25. Veteran's Advisory Board.
This list does not include separate public agencies to which a Jefferson County employee has
been appointed or is a member. Those public agencies are responsible for their own OPMA
compliance.
III. NOTICE
A. Notice for Every Open Public Meeting Is Required.
Notice must be given for any meeting subject to OPMA. For a regular meeting, notice can be
given via a published schedule for an entire year. RCW 42.56.075. For special meetings, notice
must be given in a particular way at least 24 hours in advance. RCW 42.56.080. This is
discussed in greater detail below.
B. Notice Requirements for a Remote Meeting Without a Physical Location.
Notice of a remote meeting without a physical location or a meeting at which the physical
attendance by some or all members of the public is limited due to a declared emergency must
0
be provided under OPMA and must include instructions on how the public may listen live to
proceedings and on how the public may access any other electronic means of remote access
offered by the public agency. RCW 42.30230(4).
IV. PUBLIC COMMENT REQUIREMENT
A. Public Comment Is Required Before Making a Decision.
RCW 42.30240(1) requires that a "governing body of a public agency shall provide an
opportunity at or before every regular meeting at which final action is taken for public
comment."
"Final action" means a collective positive or negative decision, or an actual vote by a majority
of the members of a governing body when sitting as a body or entity, upon a motion, proposal,
resolution, order, or ordinance. RCW 42.30.020.
If a motion relates to an item on an agenda, then public comment any time prior to making a
motion satisfies the public comment requirement. But for any item added to a regular meeting
not on the agenda, where a motion is made, public comment is required before final decision
on the motion.
B. Public Comment May Be Oral or Written.
The public comment required under RCW 42.30.240 "may be taken orally at a public meeting,
or by providing an opportunity for written testimony to be submitted before or at the meeting."
RCW 42.30.240(2). These Guidelines use the term public comment throughout to refer to both
written or oral public comment. Where necessary, a distinction is made between oral public
comment and written public comment. In OPMA, the terms "public comment" and
"testimony" are sometimes used interchangeably. These Guidelines use the term "testimony"
to refer to oral or written public comments made during a hearing.
C. Written Public Comment Must be Distributed Prior to Making a Decision.
If written public comment is accepted by the Board, Commission or Committee, this written
public comment must be distributed to Board, Commission or Committee before making a
decision. See RCW 42.30.240(2).
D. A Reasonable Deadline for Written Public Comment May Be Set.
The Board, Commission or Committee may set a reasonable deadline for the submission
of written public comm before any meeting at which there is a potential for decision. RCW
42.30.240(2). Written public comment received after the deadline in this Section IV.D. will not
be included in the official record of any hearing but will be distributed to the Board, Commission,
or Committee as comments for their next meeting.
7
E. Email Addresses and Links for Submission of Written Public Comment.
Jefferson County shall provide each Jefferson County Board, Commission or Committee
subject to OPMA an email address for submission of written public comment. Emails sent to
the designated email address shall be monitored by staff to ensure that all written public
comments on an item received by email shall be provided to the members of the Board,
Commission or Committee before a decision is made on an item.
Each Jefferson County Board, Commission or Committee subject to OPMA with a web page
shall provide a link to the designated email address. Jefferson County also shall provide a link
on its web page for public comment for every Jefferson County Board, Commission or
Committee subject to OPMA.
V. AGENDAS AND HEARING NOTICES
Well before any meeting subject to OPMA is held, the Chair and any staff supporting a Board,
Commission or Committee must consider whether a hearing notice will be required for any
hearing conducted.
For both regular meetings and special meetings, an agenda must be made available online at
least 24 hours before the meeting. (RCW 42.30.077 (regular meetings) and RCW 42.30.080(2)
(special meetings).) Notice and publishing an agenda are separate OPMA requirements. RCW
42.30.077(1).
A. Format of Agendas.
Agendas for Jefferson County Boards, Commissions and Committees should be uniform to
format (See the Agenda Form in Appendix A).
B. Packet for Meeting. The packet for the meeting should be made available electronically.
Materials to be discussed at the meeting should be made available on line at least 72 hours
before the meeting.
C. 24-Hour Advance Notice Requirement.
An agenda must be posted on Jefferson County's website at least 24 hours before either a
regular (RCW 42.30.077) or a special meeting (RCW 42.30.080(2)). Departments who staff
meetings of Boards, Commissions and Committees may post an agenda on their own web page,
but the agenda also must be posted on the County's calendar of meetings.
D. Content Requirements.
Whether for regular or special meetings, all agendas must (at minimum) include:
1. Date, time, and location of the meeting (include even if the meeting is only virtual).
2. Title of the meeting.
3. Type of meeting (regular or special).
4. Whether the meeting virtual, hybrid or in -person.
5. If virtual or hybrid, include information on how people can join the meeting.
6. If there is a meeting passcode, include the passcode on the agenda.
7. A deadline for submission of written public comments for consideration by the Board,
Commission or Committee before decision.
8. A time for public comment before any decision by the Board, Commission or
Committee. RCW 42.30.240(1).
9. "Potential Decision." It is best practice that if there is a potential to decide on an item
to add the term "Potential Decision" next to that agenda item. Adding "potential
decision" alerts the public they may want to give public comment on that item.
E. Amending or Updating Agendas After Posting.
Agendas for regular meetings can be updated or changed after they are posted (RCW
42.30.077(1)), even during the meeting, but agendas should be updated everywhere. Agendas
for special meetings can be amended or changed, but only if at least 24-hours advance notice
of the changed or updated agenda can be given. RCW 42.30.080(2).
F. Physical Location Requirement.
There must be a physical location where the public can attend listed in the agenda, unless a
local, state or federal emergency has been declared and there is a determination by the
Governor or the Board of County Commissioners that public meetings cannot be held in -person
due to the emergency. RCW 42.30.230.
This determination is made at the time of the meeting agenda or notice of hearing for the
meeting is advertised. Check with staff in the Board of County Commissioners' Office to
determine whether in -person meetings have been prohibited.
A discussion of the notice requirements for a remote only meeting are in Section III.B. of this
Guidance.
G. Requirement for a Cost Free Alternative for Participation Where Attendance is Limited
or Prohibited.
If the meeting is held remotely or the public attendance is limited or prohibited, a cost-free
option to attend in real-time, either by telephone or another readily available alternative, is
required. RCW 42.30.230(1).
0
H. Public Comment Requirement.
Comply with all the requirements in Section IV of these Guidelines. Every agenda for every
regular meeting must list a time for public comment before any decision is made. This can be
at the beginning of the meeting or before an item is to be discussed. "Decision" means a
collective positive or negative decision, or an actual vote by a majority of the members of a
governing body when sitting as a body or entity, upon a motion, proposal, resolution, order, or
ordinance. RCW 42.30.020(3). Multiple public comment periods are allowed to permit more
focused, topic -specific comments.
Allow a time for receipt of public comments before decision on any item in the agenda. If
written public comments are required or being considered, include information on the agenda
on where the public can send their written public comments, give a deadline with a date and
time, and provide a link on where the public can view those comments received. If receiving
written comments, make sure the Board, Commission or Committee has time to review all
written comments before the start of the meeting. (See the Agenda Form in Appendix A).
VI. CONDUCT OF THE MEETING
A. Chair.
The Chair of the Board or Committee presides over all meetings where they are present. The
Chair is appointed or elected by the members. At the first meeting of the year, there may be an
election of officers for the year to depict Chair, Vice Chair, Secretary, etc.
B. Agenda Requirement.
An agenda posted at least 24 hours in advance is required for both regular and special meetings.
Cancel any meeting if 24-hour notice was not given before the meeting_
C. Quorum Requirement.
A quorum of a Board or Committee is a majority of the members (RCW 42.30.020(3)), unless
otherwise stated in the Board or Committee's by-laws. Without a quorum the meeting cannot
start or continue.
If no quorum exists, there are two choices: (1) the meeting can be cancelled by the Chair; or,
(2) the Chair can wait to start the meeting until a quorum arrives.
If at any point during the meeting there ceases to be a quorum of the members, the Chair must
adjourn the meeting promptly, citing a lack of quorum. If the Chair is not present, Clerk of the
Meeting shall adjourn the meeting. For this Guidance, the term "Clerk of the meeting" means
either a person appointed to be the Clerk of a Board, Commission or Committee or the staff
person designated to support the Board, Commission or Committee.
10
D. Procedure for Cancelling or Rescheduling a Meeting.
To cancel a meeting, put a cancellation notice on the door (if in -person or hybrid), and post the
cancellation on the County website.
Rescheduling a meeting before the next regular meeting makes the meeting a special meeting,
requiring publication of a new 24-hours advance notice and an agenda.
E. Call to Order.
The meeting starts when the Chair calls the meeting to order.
F. Recording Open Public Meetings.
All open public meetings may be recorded into an audio file or video file.
Recordings must remain available online for 6 months (RCW 42.30.220). Audio files and
video files where recordings of open public meetings are stored shall be maintained consistent
with the requirements for records retention in Chapter 40.14 RCW and Chapter 434-600 WAC.
G. Required Public Comments.
Comply with all the requirements in Section IV of these Guidelines for oral or written public
comments.
H. Public Hearings.
1. Sometimes Public Hearings Are Required for Decisions by a Board, Commission or
Committee.
Sometimes hearings are required on particular agenda items by a statute or ordinance.
Although the public often may participate in public meetings, public participation in
meetings is not required by state law. A public hearing primarily is intended to obtain
oral and written testimony before significant decisions are made.
A public hearing can occur as part of a regular meeting or a special meeting. A public
hearing must occur when due process is required, or when a specific statute or local
regulation requires one.
A public hearing may be held when public input is desired on a sensitive or
controversial policy issue.
In Jefferson County, most public hearings are held by the Board of County
Commissioners, the Board of Health, or the Planning Commission, as required by
statute or ordinance.
2. For Any Decision Required by a Board, Commission or Committee, Determine If a
Public Hearing Is Required.
11
Always consult any applicable statute or ordinance related to the action being taking to
determine if a hearing is required. MRSC has a booklet titled Local Ordinances for
Washington Cities and Counties' that contains a list of statutes where a hearing is
required in its Appendix C. When in doubt whether a public hearing is required, consult
the Prosecuting Attorney's Office.
3. Jefferson County Policy on Public Hearings.
At a minimum, Jefferson County Boards, Commissions and Committees shall comply
with any statute or ordinance requiring a hearing notice or oral or written testimony
before decision.
For any ordinances proposed for adoption by the Jefferson County Board of
Commissioners or the Jefferson County Board of Health, a hearing notice shall be
published in the legal notices of Jefferson County's newspaper of record and on the
Jefferson County web site at least once no less than 10 days before the hearing for an
ordinance or resolution being considered. The Chair of the Jefferson County Board of
Commissioners or the Jefferson County Board of Health may require publication of a
hearing notice for an ordinance being considered by the Board twice in consecutive
weeks and no less than 10 days before the hearing in the legal notices of Jefferson
County's newspaper of record and on the Jefferson County web site, if the Chair
determines there is significant public interest in the ordinance.
4. Required Contents for a Hearing Notice.
A hearing notice must contain the date and time and any deadline for submission of
oral or written testimony. (See the Hearing Notice Form in Appendix B.) A draft of the
proposed ordinance or resolution shall be posted on-line by the date the hearing notice
is published.
L Order of Discussing Items Listed at Specific Times on the Agenda.
If the agenda has a specific time listed for discussion of an item, the discussion cannot start on
that topic until the specified time. Discussion of the topic can be later than the specified time.
If the time specified for the next item on the agenda has not come yet, a recess can be called
until the specified time for the next topic. Because of this limitation, it is best practice to not
put times on specific items, unless required, as in a hearing notice.
J. Listing Recesses.
To put a recess in the meeting, the Chair can do so. A start time for the recess need not be in
the agenda.
' https://mrsc.org/getmedia/44e20dOf-a536-473f-baac-bd7504323330/Local-Ordinances-For-Washin on-
Cities-And-Counties.pdf.aspx?ext=.pdf, Accessed on June 23, 2022.
12
K. List Key Topics of Discussion and Items Where There Is a Potential for Decision.
List key topics of discussion and actions where there is a potential for decision.
L. Adjournment.
For in -person or hybrid meetings, have the Chair sign an adjournment notice and post outside
meeting room door. (See Adjournment Notice Form in Appendix G.). No adjournment notice
needed for all virtual meetings.
M. Consider the Board or Committee's Own Processes.
A Board, Commission or Committee's processes may affect the guidance listed below.
However, all Board, Commission and Committee's processes must comply with OPMA.
N. Regular and Special Meetings.
See Section VII of these Guidelines for requirements for regular meetings and Section VIII for
special meetings.
VII. REGULAR MEETING REQUIREMENTS (RCW 42.30.070)
A. Notice.
Regular meetings are held under a schedule fixed by ordinance, resolution, bylaws, or by
whatever other rule is required for the conduct of business. If at any time any regular meeting
falls on a holiday, such regular meeting shall be held on the next business day.2
Make sure the regular meeting schedule has been advertised in Jefferson County's legal paper
of record each January for the year. Any meetings outside the advertised regular meeting
schedule will be a special meeting and must follow all requirements for special meetings.
B. Posting of the Agenda.
Agendas must be provided on the Board, Commission or Committee's website at least 24 hours
before the meeting. Departments who staff meetings of Boards, Commissions or Committees
may post an agenda on the Department's own web page, but the agenda also must be posted
on Jefferson County's calendar of meetings.
C. Additional Business Items Allowed.
During a regular meeting, the Chair may add additional business items, and the Board,
Commission or Committee can discuss the additional item and make a decision on the
additional business item, even if the additional business item is not on the agenda. That is not
allowed for a special meeting.
2 RCW 42.30.070.
13
VIIL SPECIAL MEETING REQUIREMENTS (RCW 42.30.080)
A. Special Meetings Are Meetings Not at the Published Date Time or Location on the
Annual List of Regular Meetings.
A special meeting is any meeting not included in the annual list of regular meeting dates. See
RC.
If any portion of a meeting is held outside the normal meeting location, it is a special meeting
See RCW 42.30.070.
B. Notice.
Notice of any special meeting must be delivered or posted at least 24 hours before the time of
such meeting as specified in the notice. RCW 42.30.080(2)(c).
C. Posting the Notice and the Agenda.
Send the special meeting notice and agenda to each local newspaper of general circulation and
local radio or television station that has on Pile with the Board of County Commissioners a
written request to be notified of such special meeting or of all special meetings (media contacts)
at least 24 hours in advance. RCW 42.30.080(2)(a) The Board of County Commissioners' staff
has an up-to-date list of media contacts. Again, do not meet if there was less than 24-hours'
notice.
The special meeting notice and agenda also must be posted on Jefferson County's website 24
hours before the meeting. RCW 42.30.080(1)(b). If in -person or hybrid, notice of the meeting
location must be prominently displayed 24 hours in advance at the main entrance of the
agency's principal location and the meeting site, if the meeting site is not being held at the
agency's principal location. RCW 42.30.080(2)(c). For remote only meetings, the notice and
agenda must be posted on a website hosted or shared by the agency. RCW 42.30.080(2)(c).
The special meeting notice and agenda also must be sent to each member of the Board,
Commission, or Committee unless waived in writing by the member. RCW 42.30.080(1).
D. Additional Business Items Prohibited.
Adding additional business or items for decision during a special meeting is prohibited by
OPMA. RCW 42.30.080(3).
If there are items that need to be discussed but do not require decision at a special meeting,
the items must be on the agenda because under OPMA discussion is "action. ,4 Do not change
special meeting agenda after the start of the meeting, and add no additional business items.
3 RCW 42.30.020(3).
4 RCW 42.30.020(3).
14
IX. DETAILED MEETING INFORMATION
A. Call to Order.
The Chair will call the meeting to order after a quorum has been established. Call to Order is
sometimes accompanied with introductions of members and staff present. The Chair will have
the agenda and will conduct business as outlined in the agenda.
B. Public Comment Period.
Follow the public comment requirements in Section IV of these Guidelines. If an item requires
or allows for oral public comments, each member of the public must be allowed to provide oral
public comments before a decision is made on an item. The time for each oral public comment
can be limited so all persons wishing to provide public comment can speak. Typically the time
limit is 2 or 3 minutes each, at the Chair's discretion. Unless the item is a hearing, people
commenting need not give their name, address, or other information because commenters must
be able to remain anonymous if they wish.' (Hearings are different, name/place of residence
are required for testimony during hearings.)
C. Motions.
Public Comment Requirement. Boards, Commissions and Committees must provide an
opportunity for public comment before a decision is made on any motion. How a Board,
Commission or Committee handles public comment is the most important change in
OPMA effective in 2022. The biggest practical change will be for how motions are
handled. Deciding any motion is making a decision. So, public comment is now
required before a decision on any motion.
If a motion relates to an item on an agenda, then public comment any time prior to
making a motion satisfies the public comment requirement. But for any item added to
a regular meeting not on the agenda, where a motion is made, public comment is
required before final decision on the motion.
2. Motion Procedure.6
One member makes a motion. There shall be only one motion under consideration at a
time. Another member must second the motion to continue on with discussion.
Otherwise, the motion will fail due to lack of a second.
s RCW 42.30.040 states, "A member of the public shall not be required, as a condition to attendance at a meeting
of a governing body, to register his or her name and other information, to complete a questionnaire, or otherwise
to fulfill any condition precedent to his or her attendance."
6 The procedure below was adapted from Roberts Rules of Order for Small Boards.
15
Before the vote is taken on a motion, it may be amended with the consent of the member
who made the motion. No vote on an amendment to a motion is required. If the
amendment is agreeable, the Chair must ask for a final vote on the amended motion.
After a second and any amendments, the Chair should call for discussion on the motion.
These principles should be followed during discussion on the motion:
• The Chair should always remain impartial in managing the meeting.
• No person should speak until recognized by the Chair.
• Only one question at a time may be considered.
• Only one person may have the floor at any one time.
• Full and free discussion of every motion is required. The Chair must protect the rights of
all members, including the members in the minority on the motion.
• Silence gives consent. Those who do not vote allow the decision to be made by those
who vote.
• Personal remarks or side discussions during discussion are out of order.
• A majority of the members decides a motion, unless basic rights of members are involved
or a rule provides otherwise.
Members have a right to know what the pending question is and to have it restated
before a vote is taken. Sometimes, if the discussion after a motion has seconded goes
on for a long time, members will forget what the exact original motion was and ask the
Clerk of the Meeting. Because of this possibility, it is good practice for the Clerk of the
Meeting to type out or write down the motion as it is being made, then confirm the
accuracy of the transcription with the person making the motion.
After any discussion is complete, the Chair can call for a vote on the motion. The chair
calls for a vote by asking "All in favor?" Those in favor say "Aye." Then asking, "All
opposed?" Those opposed will say "no." The Chair then announces the result. If all
members are present for a meeting, and all members voted for the motion, the term is
"motion carried by a unanimous vote." If not all members are present, but a majority
of the members voted in favor, the term is "motion carried." If the motion is not carried
by a majority, the term is "motion did not carry."
D. Executive Sessions.
1. Executive Session Topics. RCW 42.30.110 authorizes non-public discussion of certain
topics in executive sessions during a regular or special meeting for certain matters that
do not require the presence of legal counsel (including but not limited to labor
negotiations and qualifications of persons seeking employment) and certain matters
that require the presence of legal counsel (including matters related to actual or
potential litigation). Legal counsel must be in attendance for all potential or actual
litigation executive sessions.
2. Agenda Listing of Executive Sessions Required Only for Special Meetings. For special
meetings, the executive session for topics covered by RCW 42.30.110 must be included
in an agenda for a special meeting. For regular meetings executive sessions for topics
16
covered by RCW 42.30.110 can be added during the regular meeting, even if not on
the agenda published for the regular meeting.
Required Announcement for an Executive Session. RCW 42.30.110(2) states, "Before
convening in executive session, the presiding officer of a governing body shall publicly
announce the purpose for excluding the public from the meeting place, and the time
when the executive session will be concluded."
4. Executive Sessions May Be Extended. RCW 42.30.110(2) authorizes extension of the
executive session to a stated later time by announcement of the Chair.
5. Recordings Must Be Stopped During the Executive Session. All recordings must stop
and the Clerk of the Meeting must be excused and cannot take notes during executive
sessions.
6. Confidentiality. Persons Attending Executive Sessions Must Maintain the
Confidentiality of the Discussions.
7. Sign and Post the Executive Session Notice. The Clerk of the Meeting will sign and
post Executive Session Notice to the door of the meeting (if in -person or hybrid). If
meeting is all virtual, Clerk of the Meeting will sign a copy of the Executive Session
Notice to be kept in the file. (See the Executive Session Notice Form in Appendix D.)
8. No Decision Can Be Made During an Executive Session. No decisions on any items
discussed in executive session can be made during the executive session. A "straw poll"
or simulated vote is a decision that cannot be made in executive session. Decisions can
be made only in open session, after the recessed regular or special meeting has resumed.
RCW 42.30.060(2).'
9. Coordination with Regular Session or Special Session. Starting an executive session
follows a recess from a regular session or a special session. The members cannot come
back to the recessed regular or special meeting until after the time that Chair announced
that the executive session would end. If the discussion on the topic for the executive
session is complete before the announced end time, the members only can come back
to the recessed regular or special meeting at the announced end time for the executive
session. At the end of executive session, the Chair will announce that it is the end of
executive session and that the members will resume the recessed regular or special
session.
10. Motion or No Decision Necessary. If a decision is proposed after an executive session,
a motion proposing a decision should be made. If no decision was proposed at the
executive action, state: No decision is necessary.
("No governing body of a public agency at any meeting required to be open to the public shall vote by secret
ballot. Any vote taken in violation of this subsection shall be null and void, and shall be considered an `action'
under this chapter.")
17
11. Required Public Comment on Any Motions After an Executive Session. If a motion is
made following an executive session, then the Chair should ask whether discussion is
necessary. After any discussion, oral public comment is required before a vote on the
motion.
12. Vote on Motion and Announce the Result. After a motion is made following an
executive session and after oral public comment is received, vote on the motion and
announce the result of the vote.
E. Recess.
Sometimes recesses are necessary if there are technical issues, or if there is quick homework
to do that needs to be brought back for discussion. The Chair can call for a recess but must
state how long the recess will be for and what time there will be a return to the session.
F. Adiournment.
At the end of the agenda, the Chair can state there are no other agenda items and can adjourn
the meeting. The Chair can ask: "Are there any additional items for the good of the order?
Hearing none, this meeting is adjourned." Some Boards, Commissions and Committees take a
vote on the adjournment, but that is not required.
X. CREATION OF WRITTEN MEETING MINUTES (RCW 42.30.035)
A. Written Minutes Are Required.
OPMA requires the creation of written meeting minutes.'
The meeting minutes are the official record of decisions and discussion that took place during
the meeting. If creating decision -only minutes (recommended), minutes will resemble the
agenda.
B. Minimum Requirements for Minutes.
At minimum, written meeting minutes must:
1. List the date, time, location, title and type of meeting (regular or special).
2. State who was the Chair for the meeting that called the meeting to order.
3. State which members participated in the meeting (the minutes also can say who was
absent).
4. Document the result of all items discussed. The item from the agenda and a couple
sentences about the discussion on each topic must be in the minutes.
s RCW 42.30.035.
5. Be in the order of items discussed. Meeting minutes must be in the order of the items
discussed, typically minutes look like the agenda, but with more detail.
6. Describe the decision on an item. The results of ALL motions on any item made must
be documented, even if a motion was moved, but failed lacking a second.
7. State the date and time from the agenda scheduled for any executive session or closed
sessions. Then, after each session, state the actual times the session began and ended,
who participated in the session, and what RCW was the legal basis for the session. (See
the Minutes Form in Appendix E.)
8. State all recess and reconvene times.
9. Minutes should list the start, extension, and end times of Executive Sessions and Closed
Sessions (RCW 42.30.140).
10. List all additional business items discussed that were not originally listed on a regular
meeting agenda. List these in the minutes as "Additional Business: Discussion re:
XXX" and then include any decisions not originally listed that took place.
11. State the time when the Chair adjourned the meeting.
12. The signature page should be signed by the Chair and the Clerk of the Meeting, unless
the by-laws dictate otherwise.
C. Tips for the Clerk of the Meeting.
1. Tip — Create a boiler plate for minutes with meeting elements typically included, with
items in red where updates will most likely be needed (date, who first and seconded a
motion, adjournment time, executive session times, etc.) (See the Minutes Form in
Appendix E.)
2. Tip — Keep all meeting materials in a folder. This includes anything emailed to
members, items submitted during the meeting, public comments (emailed or submitted
in person).
XI. LIMITS ON COMMUNICATIONS BETWEEN MEMBERS
A. Meetings of Other Organizations or Groups Where a Quorum of the Board,
Commission or Committee is Present.
Members of a Board, Commission or Committee can attend a meeting of another organization
or group without violating OPMA, provided no quorum of the members is present.
Even if a quorum is present, members of a Board, Commission or Committee would not violate
OPMA, unless the transaction of official business occurs. RCW 42.30.020. Members should
take care when they attend such meetings where a quorum of the members is present
not to consider or discuss official Jefferson County business.
19
When necessary for a quorum of members to attend such meetings where official
business may be discussed, the notice requirements in Section II of this Guidance and the
agenda requirements in Section V must be followed.
B. Written Communications Between Members.
Written communications (emails, text messages) between members is allowed under OPMA
when the members is not a quorum of the members, even if official business is discussed.
However, written communications between a quorum or more members about official business
violates OMPA. See RCW 42.30.020 (the transaction of official business includes
discussions, considerations, reviews, and evaluations.) Do not use "Reply All" or any
other process that could possibly lead to an illegal meeting, in violation of OPMA.
XIL UNUSUAL SITUATIONS
A. Emergencies.
In the event of an emergency such as fire, flood, earthquake or other emergency, a meeting
may be held at a site other than the regular meeting site, and the notice requirements under
OPMA are suspended during such an emergency. RCW 42.30.070.9
B. Field Trips or Tours.
I . Special Meeting. A field trip or tour always will be a special meeting because it is not being
held in a regular meeting location. RCW 42.30.070.
2. Public Attendance Required When A Quorum is Present. For "field trips" or tours by at
least a quorum of the Board, Commission or Committee, the public must be able to attend.
If the public cannot attend, a quorum of the Board, Commission or Committee cannot go,
but less than a quorum can go.
3. Agenda Must List Sites of Field Trip or Tour. The agenda must list addresses of the site(s)
to be visited and the times proposed for each site visit. Sites must be visited in the order
listed. RCW 42.30.080(3).
4. Procedure for Recessing a Meeting for a Field Trip or Tour. If a quorum will attend the
field trip, the entire meeting will be a Special Meeting, regardless if the meeting starts at
the usual regular meeting location. If a quorum of the Committee will not be attending the
field trip, the meeting can remain a Regular Meeting and the Chair will call for a recess
and reconvene when the members who left are back. The members who attended can give
a debrief at the reconvened meeting.
9 ("If, by reason of fire, flood, earthquake, or other emergency, there is a need for expedited action by a governing
body to meet the emergency, the presiding officer of the governing body may provide for a meeting site other
than the regular meeting site, for a remote meeting without a physical location, or for a meeting at which the
physical attendance by some or all members of the public is limited due to a declared emergency, and the notice
requirements of this chapter shall be suspended during such emergency.")
20
C. Meeting Agenda Not Within 24 Hours of the Start of the Meeting.
What happens if a meeting starts but then there is a discovery that there was a failure to post
the agenda to the public within 24 hours of the meeting? Any ordinance, resolution, rule,
regulation, order, or directive adopted during that meeting is null and void. RCW 42.30.060.
Stop the discussion of any ordinance, resolution, rule, regulation, order, or directive and start
over at either the next regular meeting or at a properly noticed special meeting. If the error is
discovered the meeting must be immediately adjourned.
D. Disruptions.
RCW 42.30.050 contains the procedure for interruptions at an open public meeting.
Appendix G is a script for in -person disruptions at open public meetings.
Appendix H is a script for on-line disruptions at open public meetings.
XIIL OPMA VIOLATIONS AND LIABILITY (RCW 42.30.120)
A. Personal Liability.
Any member of a Board, Commission or Committee subject to OPMA and who participates in
a meeting that does not comply with OPMA is subject to a civil penalty of $500 for the first
OPMA violation10 and $1,000.00 for each subsequent OPMA violation."
B. Some Actions Taken Are Null and Void.
Any ordinance, resolution, rule, regulation, order, or directive adopted during that meeting is
null and void. RCW 42.30.060.
C. County Liability for Attorney's Fees and Costs.
The County is liable for attorney's fees and costs in lawsuits seeking to void actions, if a
meeting is held in violation of OPMA. RCW 42.30.120(4).
XIV. FORMS
The forms attached in the Appendix should be followed.
A. Agenda.
Appendix A is an Agenda Form.
10 RCW 42.30.120(1).
" RCW 42.30.120(2)
21
B. Hearin2 Notice.
Appendix B is a Hearing Notice Form.
C. Agenda Request.
Appendix C. is an Agenda Request Form. Only the Jefferson County Board of Commissioners
uses an agenda request form. But any Board, Commission or Committee may establish a
procedure that requires or allows for an agenda request form.
D. Executive Session Notice.
Appendix D is an Executive Session Notice Form.
E. Minutes.
Appendix E is a Minutes Form.
F. Notice of Adjournment.
Appendix F is a Notice of Adjournment Form.
G. Hearin2: In -Person Disruption.
Appendix G is a script for in -person disruptions at open public meetings.
H. Hearin2: On -Line Disruption.
Appendix H is a script for on-line disruptions at open public meetings.
22
APPENDIX A — AGENDA FORM
[State Regular or Special Meeting Here] Meeting Agenda
[Name of Board, Commission or Committee Here]
[Day Here], [Date, Month & Year Here] @ [Time Here]
[Meeting Room Location Here]
[Street Address Here] ([Type of Meeting Here. Example: In -person, Virtual Only or
Hybrid])
You can join this meeting by using these methods:
• Zoom Meeting: [URL Here, Example: hrips://us06web.zoom.us/j/91098454388]
This option will allow you to join the meeting live. Participation will be up to the Chair or
Clerk of the Meeting.
• Audio -only: Dial: [Area Code and Telephone Number Here] and use Access Code:
[Access Code Here]
This option will allow you to listen to the meeting live. Participation will be up to
the Chair or Clerk of the Meeting. Access for the hearing impaired and others can be
accommodated using Washington Relay Service at [Area Code and Telephone
Number Here]
• Website or to View Document(s): [Information on How to Access Meeting Documents
Here]
TECHNICAL DIFFICULTIES:
If there are technical difficulties, at least one method above will be accessible to the public.
Please try all methods first before calling [Area Code and Telephone Number Here] to report
any issues.
SUBMITTING PUBLIC COMMENTS FOR MEETING: During social distancing for the COVID-
19 pandemic, citizens can submit public comments remotely by email regarding items listed
below. Board members and staff will read and consider your comments before the meeting.
Email your comments by [Time Here] the day before the meeting using this dedicated
email address: [URL Here]
To review any written comments received: [URL Here]
23
AGENDA
CALL TO ORDER
PUBLIC COMMENT PERIOD
[If the Members Brief the Public on Meetings and Schedules] BRIEFING SESSION
[If there is a Consent Agenda] APPROVAL AND ADOPTION OF CONSENT AGENDA
(Items listed below have been distributed to the members in advance for study and will be
enacted by one motion. If separate discussion is desired on an item, that item may be removed
from the Consent Agenda and placed on the Regular Agenda, at a specific time at the request
of any member.)
1. [Consent Agenda Item Here]
2. [Next Consent Agenda Item Here]
ADDITIONAL PUBLIC COMMENT BEFORE ANY DECISION ON CONSENT
AGENDA
[If there meeting minutes to approve] APPROVAL OF MEETING MINUTES: [Dates of
Meeting(s) Here]
DISCUSSION: [List Separately Every Item for Discussion Using This Format.]
[If any Committee Reports] COMMITTEE REPORTS: [List Separately Every Committee
Report Using This Format]
1. [Name of Committee Here] Committee — Lead: [List Person Giving Report]
2. [Next Name of Committee Here] Committee — Lead: [List Person Giving Report]
WORKSHOP: [List Separately Every Workshop Using This Format] [For Each Workshop
Where A Decision Might Be Taken Add Additional Public Comment. ("Decision" means a
collective positive or negative decision, or an actual vote by a majority of the members of a
governing body when sitting as a body or entity, upon a motion, proposal, resolution, order, or
ordinance. RCW 42.30.020.)]
ADDITIONAL PUBLIC COMMENT BEFORE ANY DECISION AFTER ANY
WORKSHOP
POTENTIAL DECISION: [List Separately Every Item Where Decision May Be Taken
Using This Format.] [For Each Workshop Where Final Might be Taken, Add Additional Public
Comment. ("Decision" means a collective positive or negative decision, or an actual vote by a
majority of the members of a governing body when sitting as a body or entity, upon a motion,
proposal, resolution, order, or ordinance. RCW 42.30.020.)]
24
ADDITIONAL PUBLIC COMMENT BEFORE ANY DECISION AFTER A
WORKSHOP
EXECUTIVE SESSION: [List Separately Every Executive Session. For Each Executive
Session, After Which Decision Might Be Taken, Add Additional Public Comment.
("Decision" means a collective positive or negative decision, or an actual vote by a majority
of the members of a governin.body when sitting as a body or entity, upon a motion, proposal,
resolution, order, or ordinance. RCW 42.30.020.)]] The executive session will be held under
RCW [List the subsection of RCW 42.30.110 that authorizes the Executive Session Here],
which authorizes executive sessions to discuss [List We of authorized executive session
here.].
ADDITIONAL PUBLIC COMMENT BEFORE ANY DECISION AFTER AN
EXECUTIVE SESSION
CLOSING REMARKS
ADJOURNMENT BY: [List Time Here]
AT A REGULAR MEETING, THE MEMBERS MAY ADD AGENDA ITEMS
AND TAKE ACTION ON OTHER ITEMS NOT LISTED ON THIS AGENDA.
Americans with Disabilities Act (ADA) Accommodations Provided Upon Request
25
APPENDIX B — HEARING NOTICE FORM
Please publish [one or two] times: [Date(s) Here] [The Moving Party Sends Notice To Paper]
Contact Person: [List Moving Party Here]
Bill to: Jefferson County Commissioners
P.O. Box 1220
Port Townsend, WA 98368
NOTICE OF PUBLIC HEARING
(Title of Hearing)
[List Title of Hearin.]
NOTICE IS HEREBY GIVEN that a public hearing is scheduled by the Jefferson County
Board of Commissioners for [Day Here], [Full Date Here] at [Time Here] in the [Location
and Full Street Address Here]. Notice of the hearing is to be published in the official newspaper
of Jefferson County.
[List Reason for Hearin.]
The 2022-2023 subrecipient grant is available for viewing on the County website at JARL
Here [BoCC Staff Will Add The Link]
You are welcome to participate. You will need to join the meeting by [Time Here] using these
methods: VIRTUALLY: Via the following Zoom, link: https://zoom.us/j/93777841705,
PHONE: Dial 1-253-215-8782 and enter access code: 937-7784-17059 and press *9 to "raise
your hand" to be called upon. Access for the hearing impaired can be accommodated using
Washington Relay Service at 1-800-833-6384, IN -PERSON: This option is only available
provided a hybrid meeting can be held with reasonable safety, namely that the COVID-19 risk
is Very Low, Low or Moderate per the dashboard at
https://www.co.jefferson.wa.us/1429/COVID-19 per Jefferson County Resolution No. 24-22. If
in -person is available, seating capacity may also be limited to 50%. (the red is to confirm link to
the meeting)
To view documents or watch this meeting live with no participation, go to
www.co.jefferson.wa.us Follow the links under "Quick Links: Videos of Meetings: Today. " If
you experience difficulties joining the meeting or viewing documents please call 360-385-9100 to
report any issues.
Written testimony is also invited beginning on [Start Date Here] and ending at the end of the
Public Hearing, unless extended by the Board of County Commissioners. Written public
testimony may be submitted by Email to: jeffbocc o,co.jefferson.wa.us; or by Mail to:
Jefferson County Commissioners' Office; PO Box 1220, Port Townsend, WA 98368. At the
hearing, there will be an opportunity for oral testimony. Written testimony must be received
by the Board of County Commissioners by the end of the testimony period at the hearing.
Signed this [Day Here] day of [Month Here], [Year Here].
26
JEFFERSON COUNTY
BOARD OF COMMISSIONERS
/S/[Name of Chair Here], Chair
27
APPENDIX C — AGENDA REQUEST FORM
JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA REQUEST
TO: Board of Commissioners
FROM: [Name Here]
DATE: [Leave Date Blank]
RE: [Short Description of Agenda Item Here]
STATEMENT OF ISSUE:
[Discuss the Issue To Be Addressed Here —What Do You Want the Members to Do?]
ANALYSIS:
[State Here the Reasons Why the Members Should Do What You Want Them To Do]
FISCAL IMPACT:
[Discuss Here the Fiscal Impact of What You Want the Members To Do]
RECOMMENDATION:
[State What You Want the Members To Do]
REVIEWED BY:
[Name Here], County Administrator Date
WITH:
PLACE:
DAY & DATE:
TIME:
APPENDIX D — EXECUTIVE SESSION NOTICE FORM
[Name of Board, Committee or Commission Herel
will be meeting in EXECUTIVE SESSION:
[List All Participants Here]
[Location Here]
[Day and Full Date
[Start Time Here] t,
Here]
) [End Time Here]
ANNOUNCED TIME
EXTENSION
EXTENSION
EXTENSION
to
to
to
to
Exemptions as outlined in the Open Public Meetings Act, RCW 42.30.110
PERSONNEL:
❑ (f) Receive and Evaluate ❑ (g) Evaluate the Qualifications of (g) Review the Performance of a
Complaints or Charges Brought an Applicant for Public Public Employee.
against a Public Officer or Employment. No discussion of Salaries. Wages. and
Employee. No discussion of Salaries. Wages. and Other Conditions of Employment to be
Other Conditions of Employment to be Generally Applied within the County:
Generally Applied within the County: and. No Final Action on the Hiring,
and. No Final Action on the Hiring. Setting the Salary of an Individual
Setting the Salary of an Individual Employee or Class of Employees, or
Employee or Class of Employees. or Discharging or Disciplining an
Discharging or Disciplining an Employee.
Employee.
DISCUSS WITH LEGAL COUNSEL: OTHER EXEMPTIONS:
❑ (1)(i) Matters Related to Enforcement Actions. ❑ (1)(a)(i) Consider Matters Affecting National Security.
(1)(i) Actual Litigation. (1)(a)(ii) Consider Data Security Breach Disclosure.
(1)(i) Potential Litigation.
Discussion in Executive Session must be kept confidential. as public knowledge regarding the discussion likely will result in an adverse legal or
financial consequence to the County.
[Name Here], Clerk
29
APPENDIX E — MINUTES FORM
[State Regular or Special Meeting Here] Meeting Minutes
[Name of Board, Commission or Committee Here]
[Day Here], [Date, Month & Year Here] @ [Time Here]
[Meeting Room Location Here]
[Street Address Here] ([Type of Meeting Here, Example: In -person, Virtual Only or
Hybrid])
CALL TO ORDER: [List Persons Presenting Information at the request of the Board,
Commission or Committee Here] were present. [List Person Who Called the Meeting to Order
Here] called the meeting to order at the appointed time.
PUBLIC COMMENT PERIOD: The following is a summary of comments made by
individuals in attendance at the meeting and reflect their opinions: [List and Summarize Any
Public Comments Here].
The Members and [Name Any Staff Member Who Responded to Public Comments Here]
responded to public comments and concerns made during the Public Comment Period and
responded to written comments received.
[If there is a Consent Agenda] APPROVAL AND ADOPTION OF THE CONSENT
AGENDA: [List the Member Who Moved for Approval Here] moved to approve the items on
the Consent Agenda as presented. [List the Member Who Moved for Seconded Here] seconded
the motion, which carried by a vote of [List All Votes For and Against Here]. [List and
Summarize Any Public Comments Here].
[List All Recesses Using This Format] RECESS: The meeting was recessed at [Time Here] and
reconvened at [Time Here] with the following Members present: [List Members Present Here].
[If the Members Brief the Public on Meetings and Schedules] MEMBERS' BRIEFING
SESSION: The Members discussed recent meetings they attended and reviewed their meeting
schedules.
DISCUSSION: [Summarize Separately for Every Item on the Agenda for Discussion.]
[If any Committee Reports] COMMITTEE REPORT: [List Person Giving Report] of the
[Name of Committee Here] Committee reported to the members and responded to questions
from the members and staff.
30
WORKSHOP:
1. Discussion: [Summarize the Discussion at Every Workshop Using This Format].
2. Motion or No Decision Necessary: [If Decision is Proposed, A Motion Proposing Decision
Should Be Made. If a Motion Is Made, Then Public Comment Is Required Before a Vote
on the Motion].
3. Public Comment: [List and Summarize Any Public Comment, After a Motion Is Made to
Make a Decision].
4. Decision: [If A Motion Was Made and Public Comment Was Heard, Vote and State the
Results of the Vote. If No Decision Was Taken, State No Decision Was Taken. Example:
A motion was made by [Person] and seconded by [Person] to [Quote the Motion] and the
motion passed by a vote of [State the votes for and against] with [List Members] voting
for and [List Members] voting against.]
DECISION:
1. Discussion: [Summarize the Discussion Before any Decision Was Taken].
2. Motion: [A Motion Proposing a Decision Should Be Made. Then Public Comment Is
Required Before a Vote on the Motion].
3. Public Comment: [List and Summarize Any Public Comment, After a Motion Is Made to
Make a Decision].
4. Decision: [Vote and State the Results of the Vote on the Motion. Example: A motion was
made by [Person] and seconded by [Person] to [Quote the Motion] and the motion passed
by a vote of [State the votes for and against] with [List Members] voting for and [List
Members] voting_ ant.]
EXECUTIVE SESSION:
At [List Time Here], an executive session was held under RCW [List the subsection of
RCW 42.30.110 that authorized the Executive Session Here], which authorizes executive
sessions to discuss [List We of authorized executive session here.]. These persons were
present: [List Members and Other Persons Present at the Executive Session Here].
2. Extensions: [List the Times for Every Extension of the Executive Session Here]. The
Executive Session was extended to [Time Here] and to [Time Here] by announcement of
the chair of the meeting.
Resumption of Meeting After Executive Session: The Executive Session concluded and
the meeting resumed at [Time Here].
4. Motion or No Decision Necessary: [If a Decision Is Proposed, A Motion Proposing a
Decision Should Be Made. If No Decision Was Proposed at the Executive Action. State:
31
No decision is necessary. If a Motion Is Made, Then Public Comment Is Required Before
a Vote on the Motion].
5. Public Comment: [List and Summarize Any Public Comment, After a Motion Is Made to
make a Decision].
6. Decision: [For Each Executive Session After Which A Motion for Final Was Made and
Public Comment Was Heard, Vote and State the Results of the Vote. If No Decision Was
Made, State No Decision Was Made].
ADDITIONAL DISCUSSION ITEMS: The Commissioners and County Administrator
reviewed: [List and Summarize Any Additional Items Discussed Not on the Agenda].
NOTICE OF ADJOURNMENT: The Chair of the Meeting Eisenhour adjourned the meeting at
[Time Here] until the next regular meeting or special meeting as properly noticed.
These minutes are approved:
[NAME OF BOARD, COMMISSION OR COMMITTEE HERE]
SEAL:
ATTEST:
[Name Here], Chair
[Name Here], Member
[Name Here] [Name Here], Member
Clerk of the [Board, Commission or Committee Here]
32
APPENDIX F — NOTICE OF AJOURNMENT
[Name of Board, Commission or Committee Here]
NOTICE OF ADJOURNMENT
Date:
Time:
Approved:
Chair
ame of Board. Commission or Committee Here
Next Meeting:
Time: Regular Monday Meeting on [Date Here] at [Time Here] or Special Meeting if properly
noticed under RCW 42.30.080.
Place: [State Location and Full Address Here
33
APPENDIX G — SCRIPT FOR IN -PERSON DISRUPTIONS
AT OPEN PUBLIC MEETINGS
Procedure for Addressing In -Person Disruptions at Open Meetings 12
This procedure discusses the steps a governing body must follow to address an in -person
disruption at an open meeting. The governing body must follow all the steps before it can
adjourn the meeting and reconvene the open meeting in another location. The basis for this
procedure is RCW 42.30.50,13 quoted at the end of this Procedure.
Protection of First Amendment Rights Required:
• Open public meetings are limited public forums and First Amendment protections apply.
• Speech dealing with the functioning of government, including the efficiency of
management and operations of agencies, are matters of public concern. This includes
criticism of public officials or their policies. Sprague v. Spokane Valley Fire Dep't, 189
Wn.2d 858, 883, 409 P.3d 160, 175 (2018).
Because the line between speech unconditionally guaranteed and speech which may
legitimately be regulated, suppressed, or punished is finely drawn, in every case the power
to regulate must be so exercised as not, in attaining a permissible end, unduly to infringe
the protected freedom. Gooding v. Wilson, 405 U.S. 518, 522, 92 S. Ct. 1103, 1106, 31
L.Ed2d 408, 414 (1972).
• The governing body should tolerate offensive conduct by attendees if the conduct does not
cause an actual disruption.
• The governing body should attempt other methods to address a perceived disruption before
resorting to ejection.
The governing body should treat all disruptions in a similar manner to avoid claims that its
decision to eject resulted from the viewpoint expressed rather than the disruption itself. For
example:
o Ejection for giving a silent Nazi salute violated the 1st Amendment as viewpoint
discrimination, even if after public comment period. Norse v. City of Santa Cruz,
629 F.3d 966, 976 (9th Cir. 2010).
o Provision of federal law prohibiting registration of trademarks that may "disparage
... or bring ... into contemp[t] or disrepute" any "persons, living or dead" violated
12 Revisions: David Alvarez created this document on February 20, 2007 and revised it on February 17, 2011.
Philip Hunsucker revised this document on July 24, 2017 and on July 12, 2022.
is There is an excellent MRSC article on this topic at http://mrsc.org/Home/Stay-Informed/MRSC-Insi lg VApril-
2012/Addressing Disruptions-at-Public-Meetings.aspx, Accessed on July 10, 2022.
34
the 1st Amendment as viewpoint discrimination. Matal v. Tam, 137 S. Ct. 1744,
1748, 198 L.Ed.2d 366, 371 (2017).
o Ordinance prohibiting "insolent" behavior violated the 1st Amendment as
viewpoint discrimination. Acosta v. City of Costa Mesa, 694 F.3d 960, 973 (9th Cir.
2012).
The governing body should never limit an attendee's speech because it does not like the
viewpoint expressed.
Time, place and manner restrictions are permissible if viewpoint neutral and enforced in a
uniform manner, so persons with unpopular viewpoints cannot claim they are being limited
based on their viewpoint.
Time, place and manner restrictions can allow for the ejection of an attendee, but only if
the attendee's actions disrupt, disturb or otherwise impede the orderly conduct of the
meeting. For example:
o A governing body, where the public may address the governing body, is the focus
of highly important individual and governmental interests. Citizens have an
enormous first amendment interest in directing speech about public issues to those
who govern. Partly for this reason, such meetings, once opened, have been regarded
as public forums, albeit limited ones. White v. Norwalk, 900 F.2d 1421, 1425 (9th
Cir. 1990).
o A speaker may disrupt a public meeting by speaking too long, by being unduly
repetitious, or by extended discussion of irrelevancies. The meeting is disrupted
because the governmental body is prevented from accomplishing its business in a
reasonably efficient manner. Such conduct may interfere with the rights of other
speakers. White v. Norwalk, 900 F.2d 1421, 1426 (9th Cir. 1990).
o Regulations restricting public commentary to three minutes per item at the end of
each meeting are the reasonable time, place, and manner restrictions that preserve
a board's legitimate interest in conducting efficient, orderly meetings. Kindt v.
Santa Monica Rent Control Bd., 67 F.3d 266, 271 (9th Cir. 1995).
Procedure for Addressing Disruptions:
RCW 42.30.050 suggests these progressive steps to address actions that disrupt, disturb or
otherwise impede the orderly conduct of an open meeting:
Yelling. Courts have held that yelling can be regulated as disruptive behavior. Commenters
yelling during a virtual open public meeting can be asked to stop interrupting.
The Chair should politely ask any commenter yelling to bring down the volume of their
voice because it is disrupting the meeting.
35
b. Warning: If the commenter again yells, the commenter politely should be warned to
bring down the volume of their voice. Chair politely should ask the disrupting person(s)
to please stop interrupting a second time and should warn that one more interruption
will lead to the disrupting person(s) being escorted out of the meeting.
c. If the commenter will not stop yelling, the commenter should be requested to present
their public comments in writing and advised that they are welcome to try public
comments in any future meeting, as long as they are not disruptive. At this point, Chair
may request that a Sheriff's Deputy come to the meeting.
2. Threats to Harm Someone. Threats to harm someone disrupt the purpose of public
comments, namely to promote public discourse. Commenters making threatening
comments during a virtual open public meeting can be asked to stop making threats:
a. The Chair should politely ask any commenter making threats to stop because it is
disrupting the meeting.
b. If the commenter does not stop making threats, the Chair should politely inform the
commenter that if they do not stop, they will be asked to leave the meeting. At this
point, Chair may request that a Sheriff's Deputy come to the meeting.
3. Requirements for Adjournment of the Governing Body: After being requested to leave, if
the disruptive person does not leave quietly, then the governing body may vote to adjourn
the meeting and reconvene at another location. Only a majority vote of the governing body
can result in an adjournment and reconvening at another location.
4. Requirements After Adjournment:
a. Notice: The media in attendance and those persons in attendance not part of the
disruption must be provided with notice of a new location.
b. Posting an Order: If the majority vote is to adjourn, then the governing body must
post an order of adjournment, citing the new time and location of the meeting at the
doorway of the location of the disrupted meeting.
c. Limits on Decisions. If the meeting is adjourned, the governing body may only
decide on the items on the agenda for the adjourned meeting.
5. Possible Criminal Conduct for Failure to Comply with Request to Leave the Meeting:
Failure to leave quietly at the request of law enforcement may constitute disorderly conduct
under RCW 9A.84.030 or a failure to disperse under RCW 9A.84.010.
RCW 42.30.050
Interruptions --Procedure
In the event that any meeting is interrupted by a group or groups of persons to render the
orderly conduct of such meeting unfeasible and order cannot be restored by the removal of
individuals interrupting the meeting, the members of the governing body conducting the
36
meeting may order the meeting room cleared and continue in session or may adjourn the
meeting and reconvene at another location selected by majority vote of the members. In such
a session, final disposition may be taken only on matters appearing on the agenda.
Representatives of the press or other news media, except those participating in the disturbance,
may attend any session held under this section. Nothing in this section shall prohibit the
governing body from establishing a procedure for readmitting an individual or individuals not
responsible for disturbing the orderly conduct of the meeting.
37
APPENDIX H — SCRIPT FOR ON-LINE DISRUPTIONS AT
OPEN PUBLIC MEETINGS
Procedure for Addressing On -Line Disruptions
at Open Public Meetings"
This procedure discusses the steps a governing body must follow to address an on-line
disruption at an open public meeting. The basis for this procedure is RCW 42.30.50,15 quoted
at the end of this Procedure.
Protection of First Amendment Rights Required:
• Open public meetings are limited public forums and First Amendment protections apply.
• Speech dealing with the functioning of government, including the efficiency of
management and operations of agencies, are matters of public concern. This includes
criticism of public officials or their policies. Sprague v. Spokane Valley Fire Dep't, 189
Wn2d 858, 883, 409 P.3d 160, 175 (2018).
Because the line between speech unconditionally guaranteed and speech which may
legitimately be regulated, suppressed, or punished is finely drawn, in every case the power
to regulate must be so exercised as not, in attaining a permissible end, unduly to infringe
the protected freedom. Gooding v. Wilson, 405 U.S. 518, 522, 92 S. Ct. 1103, 1106, 31
L.Ed.2d 408, 414 (1972).
• The governing body should tolerate offensive conduct by attendees if the conduct does not
cause an actual disruption.
• The governing body should attempt other methods to address a perceived disruption before
resorting to ejection.
The governing body should treat all disruptions in a similar manner to avoid claims that its
decision to eject resulted from the viewpoint expressed rather than the disruption itself. For
example:
o Ejection for giving a silent Nazi salute violated the Is' Amendment as viewpoint
discrimination, even if after public comment period. Norse v. City of Santa Cruz,
629 F.3d 966, 976 (9th Cir. 2010).
o Provision of federal law prohibiting registration of trademarks that may "disparage
... or bring ... into contemp[t] or disrepute" any "persons, living or dead" violated
14 Revisions: David Alvarez created an in -person script on February 20, 2007 and revised it on February 17, 2011.
Philip Hunsucker revised the in -person script on July 24, 2017 and adapted it for on-line meetings on September
6, 2022 and revised it on July 10, 2022.
is There is an excellent MRSC article on this topic at http://mrsc.org/Home/Stay-Informed/MRSC-Insi lg VApril-
2012/Addressing Disruptions-at-Public-Meetings.aspx, Accessed on July 10, 2022.
the 1st Amendment as viewpoint discrimination. Matal v. Tam, 137 S. Ct. 1744,
1748, 198 L.Ed.2d 366, 371 (2017).
o Ordinance prohibiting "insolent" behavior violated the 1st Amendment as
viewpoint discrimination. Acosta v. City of Costa Mesa, 694 F.3d 960, 973 (9th Cir.
2012).
• The governing body should never limit an attendee's speech because it does not like the
viewpoint expressed.
• Time, place and manner restrictions are permissible if viewpoint neutral and enforced in a
uniform manner, so persons with unpopular viewpoints cannot claim they are being limited
based on their viewpoint.
• Time, place and manner restrictions can allow for the ejection of an attendee, but only if
the attendee's actions disrupt, disturb or otherwise impede the orderly conduct of the
meeting. For example:
o A governing body, where the public may address the governing body, is the focus
of highly important individual and governmental interests. Citizens have an
enormous first amendment interest in directing speech about public issues to those
who govern. Such meetings, once opened, have been regarded as public forums,
albeit limited ones. White v. Norwalk, 900 F2d 1421, 1425 (9th Cir. 1990).
o A speaker may disrupt a public meeting by speaking too long, by being unduly
repetitious, or by extended discussion of irrelevancies. The meeting is disrupted
because the governmental body is prevented from accomplishing its business in a
reasonably efficient manner. Such conduct may interfere with the rights of other
speakers. White v. Norwalk, 900 F2d 1421, 1426 (9th Cir. 1990).
o Regulations restricting public commentary to three minutes per item at the end of
each meeting are the reasonable time, place, and manner restrictions that preserve
a board's legitimate interest in conducting efficient, orderly meetings. Kindt v.
Santa Monica Rent Control Bd., 67 F.3d 266, 271 (9th Cir. 1995).
Procedure for Dealing with Off -Topic, Yelling, or Threatening Public Comments:
RCW 42.30.050 suggests progressive steps to address actions that disrupt, disturb or otherwise
impede the orderly conduct of an open meeting. Because a speaker at an open public meeting
conducted via Zoom can be prevented from speaking, it is unlikely that an open public meeting
conducted via Zoom would ever need to be shut down. The following advice is provided:
1. No Banning. Banning someone from the public comment space might be viewed as
unconstitutional viewpoint discrimination.
2. Off -Topic Comments. Jefferson County allows comments on any topic to be discussed
during public comment period. Therefore, trying to limit topics of discussion, might be
viewpoint discrimination.
39
3. Yelling. Courts have held that yelling can be regulated as disruptive behavior. Commenters
yelling during a virtual open public meeting can be asked to stop yelling:
a. The Chair should politely ask any commenter yelling to bring down the volume of
their voice because it is disrupting the meeting.
b. If the commenter does not stop yelling, the Chair should politely inform the
commenter that if they do not bring down the volume of their voice, their
microphone will be turned off, but they may use the rest of their allotted time at the
end of the public comment period and they should be asked to remain on the line.
c. The commenter should be called upon again at the end of the last public comment
and giving their remaining time to comment.
d. If the commenter again yells, the commenter politely should be warned to bring
down the volume of their voice. The commenter then politely should be advised
that if they do not bring down the volume of their voice, their microphone will be
turned off.
e. If the commenter will not stop yelling, the commenter should be requested to
present their public comments in writing and advised that they are welcome to try
public comments in any future meeting, as long as they are not disruptive. Then,
the commenter's microphone can be turned off.
4. Threats to Harm Someone. Threats to harm someone disrupt the purpose of public
comments, namely to promote public discourse. Commenters making threatening
comments during a virtual open public meeting can be asked to stop making threats:
a. The Chair should politely ask any commenter making threats to stop because it is
disrupting the meeting.
b. If the commenter does not stop making threats, the Chair should politely inform the
commenter that if they do not stop, their microphone will be turned off, but they
may use the rest of their allotted time at the end of the public comment period and
they should be asked to remain on the line.
c. The commenter should be called upon again at the end of the last public comment
and giving their remaining time to comment.
d. If the commenter will not stop making threats to harm someone, the commenter
should be requested to present their public comments in writing and advised that
they are welcome to try public comments in any future meeting, as long as they do
not threaten harm to a person. Then, the commenter's microphone can be turned
off.
RCW 42.30.050
Interruptions --Procedure
M
In the event that any meeting is interrupted by a group or groups of persons to render the
orderly conduct of such meeting unfeasible and order cannot be restored by the removal of
individuals interrupting the meeting, the members of the governing body conducting the
meeting may order the meeting room cleared and continue in session or may adjourn the
meeting and reconvene at another location selected by majority vote of the members. In such
a session, final disposition may be taken only on matters appearing on the agenda.
Representatives of the press or other news media, except those participating in the disturbance,
may attend any session held under this section. Nothing in this section shall prohibit the
governing body from establishing a procedure for readmitting an individual or individuals not
responsible for disturbing the orderly conduct of the meeting.
41
Regular Agenda
JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA REQUEST
TO: Board of County Commissioners
FROM: Philip Hunsucker
Chief Civil Deputy Prosecuting Attorney
DATE: October 24, 2022
SUBJECT: WORKSHOP re: Open Public Meetings Act (OPMA) Guidelines for Boards and
Commissions and Committees; and, ADDITIONAL PUBLIC COMMENT
STATEMENT OF ISSUE:
Staff created a set of draft guidelines (Draft Guidelines) to ensure that all of Jefferson County Boards,
Commissions and Committees maintain compliance with the Washington Open Public Meetings Act (OPMA),
Chapter 42.30 RCW. The draft guidelines create uniform processes and provide practical advice for complying
with OPMA. The Draft Guidelines were reviewed with the Board on July 18, 2022. A written public comment
and an oral public comment were received on July 18, 2022. The Draft Guidelines were again reviewed with
the Board on July 25, 2022, where three questions were presented to the Board for input:
1. Public Comment: How much additional Public Comment should be required?
2. Hearings: Should BOCC establish County standards for hearings?
3. Roberts Rules of Order for Small Boards: Should this be required?
The Board discussed the Draft Guidelines and took public comment. Two persons provided oral public
comments. One written public comment was sent to the Board on July 21, 2022. Then, the Board directed
staff to make revisions to the Draft Guidelines and obtain comments from staff who facilitate County Boards,
Commissions and Committees, Electeds and Department Heads.
Based on the discussion with the Board and the public comments, the Draft Guidelines were revised and a new
draft was sent to staff who facilitate County Boards, Commissions and Committees, Electeds and Department
Heads, requesting comments by September 15, 2022. One general comment from staff who facilitates a County
Boards was received —that staff person thought the Draft Guidelines were helpful.
Another workshop on the Draft Guidelines was held on October 10, 2022. Public comments were received.
The Board directed staff to make additional changes to the Draft Guidelines.
A copy of the revised Draft Guidelines intended to address the additional public comments and direction from
the Board is attached as Appendix A. A draft resolution adopting the Draft Guidelines is attached as
Appendix B.
Consent Agenda
Commissioners Office
ANALYSIS:
It is the intention and requirement of Jefferson County that OPMA be followed by every Board, Commission
or Committee subject to OPMA. This is necessary for transparent government which engenders the greatest
public support. While these guidelines are intended to enhance compliance with OPMA in Jefferson County,
OPMA always controls if there is any inconsistency between these guidelines and OPMA. Failure to follow
OPMA can have significant consequences, including personal liability for Board and Committee members for
violations and voiding any action taken at a meeting that violates OPMA.
FISCAL IMPACT:
None, other than staff time. Once adopted, training on the guidelines will be necessary. Adopted guidelines
will increase uniform compliance with OPMA, reduce risk and reduce uncertainty about how to comply with
OPMA.
RECOMMENDATION:
Review the attached Draft OPMA Guidelines for County Boards, Commissions and Committees and draft
resolution adopting them and take action or direct Staff to make additional changes.
, County
2
Date